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 1. Home
 2. Support
 3. Legal
 4. Note of class action


NOTICE OF CLASS ACTION



Richard Gagné c. Vidéotron ltée
Superior Court: 200-06-000255-227

Practice of charging interest and practice of reimbursement following the
termination of a contract

The Superior Court authorized the institution of a class action against
Videotron Ltd. in connection with a practice of charging interest on a contract,
as well as a practice of reimbursement following the termination of a contract,
for which the class members are described as follows: "All Videotron residential
customers domiciled or formerly domiciled in Québec who have entered into a
communications services contract and who, between October 20, 2018 and February
3, 2023, were charged interest in contravention of their contract. and All
Videotron residential customers domiciled or formerly domiciled in Québec who
have cancelled their communications services contract without having obtained a
proportional refund for prepaid and undelivered services between October 20,
2018 and February 3, 2023."

The representative status for the exercise of the class action was attributed to
Mr. Richard Gagné.

However, the Court has not yet ruled on the merits of the class action, nor on
the award of compensation to class members. Videotron Ltd. denies Mr. Richard
Gagné's allegations and disputes the basis of the class action.

Principal questions to be treated collectively in the class action are the
following:
1. Does the interest charged by Videotron to its residential customers under
communications service contracts contravene the contractual terms and
conditions?
2. If so, what damages may be claimed by Videotron's residential customers in
connection with the interest charged by Videotron in breach of the contractual
terms and conditions of the communications service contracts?
3. Must Videotron reimburse the proportion of prepaid services not rendered
following the termination by residential customers of their communications
service contracts?
4. Should collective recovery of damages be ordered?

The conclusions sought by the collective action are as follows:

GRANT  the applicant's action to institute proceedings;
ORDER the defendant to pay to the class members any interest collected in
contravention of the applicable contractual provisions, with interest at the
legal rate plus the additional indemnity provided for in Article 1619 C.C.Q.,
calculated from the date of service of the application for authorization;
ORDER the defendant to pay to the class members the amount equivalent to the
proportion of the prepaid services that were not rendered following the
termination of services, with interest at the legal rate plus the additional
indemnity provided for in Article 1619 C.C.Q., calculated from the date of
service of the application for authorization;
ORDER that the above-mentioned damages be subject to collective recovery with
individual compensation in accordance with Articles 595 to 598 of the Code of
Civil Procedure;

If you wish to remain a member of this class action, you do not have to do
anything. However, if you wish to opt-out, you must notify the court office of
the Superior Court of Quebec for the district of Quebec by mail at 300, boul.
Jean-Lesage, Québec, G1K 8K6 no later than August 6, 2023 at 4:30 p.m.
Members cannot be called upon to pay the legal costs of the class action if the
application is rejected.

A member may apply to the Court to intervene in the class action. The Court will
allow the intervention if it is of the opinion that it is useful to the group.

A new notice will be published at the time of the final judgment on the class
action.
The judgment authorizing this class action and the formalities relating to the
procedure for excluding members are also available at the court office of the
Superior Court of the District of Montreal and in the Class Action Registry on
the website www.tribunaux.qc.ca.

The members of the group are represented by the following prosecutors:


BGA INC.

67, rue Sainte-Ursule Québec (Québec) G1R 4E7

dbourgoin@bga-law.com

By phone : 418 523-4222

https://bga-law.com


GARNIER OUELLETTE AVOCATS

425, boul. René-Lévesque Ouest Québec (Québec) G1S 1S2

m.ouellette@garnierouellette.com

By phone : 418 647-3939

https://garnierouellette.com

THE PUBLICATION OF THIS NOTICE WAS ORDERED BY THE COURT

In case of discrepancy, the authorizing judgment shall prevail.


FREQUENTLY ASKED QUESTIONS


WHAT DO I NEED TO DO TO BE A MEMBER OF THE CLASS ACTION?

If you fit the definitions for affected members, you will be included in the
class action by default or automatically.




AM I A MEMBER OF THE CLASS ACTION?

The definitions of affected members can be found in the Notice of Class Action.
If you fit the definitions of the affected members, you will be included in the
class action by default or automatically.

For more information, please visit the website or the law firms listed in the
Notice.




WHY DID I RECEIVE A NOTICE OF CLASS ACTION EMAIL?

The Court has ordered that the Notice of Class Action be sent to inform
potential members about the institution of the class action and to provide them
with relevant information. The Notice also outlines how to opt out of the class
action.

For more information, please consult the website or the law firms listed in the
Notice.




WHAT DO I NEED TO DO IF I WANT TO OPT OUT OF THE CLASS ACTION?

If you wish to opt out, you must notify the Registry of the Superior Court of
Québec, District of Québec, by mail at 300 boul. Jean-Lesage, Québec City, QC
G1K 8K6 by August 6, 2023, at 4:30 p.m.

For more information, please consult the website or the law firms listed in the
Notice.




IS VIDEOTRON CHALLENGING THE CLASS ACTION?

Yes. The Court has not yet ruled on the grounds of the class action, nor the
granting of compensation to members of the groups.

Videotron denies the allegations by Richard Gagné and challenges the grounds of
the class action.





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